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(영문) 서울서부지방법원 2015.02.03 2014고합345
공직선거법위반
Text

1. Defendant A’s fine of KRW 2,00,00, Defendant B, C, D, and E is fine of KRW 500,00,00, Defendant, F, and G. fine of KRW 3,00.

Reasons

Punishment of the crime

Defendant

G The 6th nationwide election of the Seoul Metropolitan Government National Assembly member was the senior member of the P Party Q candidate's office in the Seoul Metropolitan Government, and Defendant F was the assistant member of the R Assembly member, Defendant A was the election campaign manager of Q candidate and Defendant D, E, C, and B was the telephone campaign worker of Q candidate.

Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall offer or express an intention to offer money, goods, or other benefits in connection with the election campaign, or promise, instruct, induce, mediate, demand or receive any promise to offer such money, goods, or other benefits.

1. Defendants G and F conspired to pay the cost of the election campaign to B, C, D, and E, which caused the telephone campaign, which was not registered as an election campaign worker.

Defendant

G around 18:00 on June 3, 2014, around 18:00, four bags containing each of KRW 9.10,000 to Defendant F, and Defendant F provided a total of KRW 3.640,000 to B, C, D, and E, who carried out telephone campaign for Q candidates, with difficulty in doing so.

2. Defendants B, C, D, and E received bags containing KRW 9.10,00 from F in return for the election campaign for Q candidates at the date and place specified in the above paragraph 1.

3. On June 22, 2014, Defendant A provided KRW 9.10,00 in cash to V in return for assisting the election campaign of Q in the car of Defendant’s driving car parked in front of the Seoul UV’s house located in Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the statement concerning V prepared by the prosecutor;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 230(1)4 and 135(3) of the Public Official Election Act (Selection of Fines);

B. Defendants B, C, D, and E respectively.

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